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Can i sue the police department for failure to provide medical attention ?

Covina, CA |

I was under the influence of alcohol while sitting passenger while involved in a vehicle roll over . The vehicle was a lifted truck and landed on my side . Last i remember was my head hitting the glass and i was unconscious . I was removed from the vehicle by an officer not a medic , was sat on the curb and was questioned . Specifically asking to see a Doctor at least 15 times , i was continuously refused and put into cuffs and into the back seat of the squad car as a detainee . I then experienced a panic attack after seeing all the blood coming from my legs and pushed the back window until it broke open . Now i was charged with vandalism and resisting arrest . At the jail i was hit on my feet with a baton . I was never given proper medical attention , and have staff infections resulting from this

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Attorney answers 6


This is going to be a tough case. There are governmental immunities which apply. There is a 6 month statute of limitation on filing a government tort claim.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.


You should consult with a civil rights or personal injury attorney specifically about your case to determine what your legal rights are. Good luck.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


You should consult with an attorney in the area of civil rights. Short answer is probably NO


Consult with a civil rights lawyer in your community. Go to the "find a lawyer" tab and look for one.


A local civil rights lawyer should hear all the facts and circumstances. Feel free to use Avvo's "find a lawyer" tool.

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Individual police officers may also be sued for their actions in addition to the police department and that a plea or verdict of guilty to the resisting arrest could bar a civil suit.

My response to your question is not intended to be legal advice and does not establish an attorney client relationship. Rather, it is simply provided as a free service through Until there is an executed representation agreement, no attorney client relationship has been established.

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